Civil Partnership (Jersey) Law 2012
A LAW to
make provision for and in connection with civil partnership.
Commencement [see endnotes]
Part 1
INTRODUCTION
1 Interpretation[1]
In this Law –
“alternative
location” in the case of the solemnization of an intended civil
partnership at an approved open-air location, means an approved location that
is not an open-air location, and is the location at which the civil partnership
may be solemnized instead of at the approved open-air location;
“approved location”
is to be construed in accordance with Article 13;
“authorized civil
celebrant” means a person authorized as such under Article 82C of
the 2001 Law;
“certificate of no
impediment to civil partnership” is to be construed in accordance with
Article 12;
“child of the family”
in relation to any person (“A”), means another person who, when
under the age of 18, has lived in the same household as A, and has been treated
by A as a child of A’s family;
“civil partners”
is to be construed in accordance with Article 2(1);
“civil partnership
celebrant” means the Superintendent Registrar or a Deputy Superintendent
Registrar when either of those officers is acting in the solemnization of a
civil partnership or an authorized civil celebrant;
“civil partnership
certificate” means a certificate signed by the civil partners and the
civil partnership celebrant that records the names, ages, addresses and civil
status of the civil partners and the place and date of the solemnization of the
civil partnership;
“civil partnership
conversion certificate” means a certificate signed by the civil partners
and the civil partnership celebrant after a conversion under Part 2AA that
records the names, ages and addresses of the civil partners and the place and
date of the conversion of their marriage to a civil partnership;
“civil partnership
conversion schedule” is to be construed in accordance with
Article 26AB;
“civil partnership
register” means the register maintained under Article 18;
“civil partnership
schedule” is to be construed in accordance with Article 9;
“Court” means
the Royal Court;
“Deputy Superintendent
Registrar” means a person employed under the Employment of States of Jersey Employees (Jersey) Law 2005 as a Deputy Superintendent Registrar for the purposes of the
2001 Law or a person engaged as an assistant Deputy Superintendent
Registrar under Article 41(1B) of the 2001 Law;
“Marriage and Civil
Status Law” means the Marriage and Civil Status (Jersey) Law 2001;
“mental
disorder” has the same meaning as in the Mental Health (Jersey) Law 2016;
“Minister” means
the Minister for Justice and Home Affairs;
“notice of intended
civil partnership” means notice given in accordance with Article 7;
“notices of intended
civil partnership book means the book maintained by the Superintendent
Registrar under Article 17(2)(b) for the purposes of recording notices of
intended civil partnerships;
“open-air
location” means a location that is entirely in the open air or a covered
temporary structure that is, at all times, exposed on all sides to the open
air;
“prescribed”
means, except in Articles 39 and 68, prescribed by Order of the Minister;
“registrar” has
the same meaning as it has in the 2001 Law;
“relevant
registrar” has the same meaning as it has in the 2001 Law;
“relevant registration
duties” has the same meaning as it has in the 2001 Law, and
“retained” is to be construed accordingly;
“Rules of Court”
means Rules of Court made under the Royal Court (Jersey) Law 1948;
“signature
verification form” is to be construed in accordance with Article 9(3);
“Superintendent
Registrar” has the same meaning as in the 2001 Law.
Part 2
Entering into civil
partnership
2 Civil
partnership
(1) A
civil partnership is a relationship between 2 people (“civil
partners”) –
(a) which
is formed in Jersey in accordance with Article 3; or
(b) which
they are treated as having formed by virtue of having registered an overseas
relationship.[2]
(2) Paragraph (1)
is subject to the provisions of this Law under or by virtue of which a civil
partnership is void.
(3) A
civil partnership ends only on death, dissolution or annulment.
(4) The
references in paragraph (3) to dissolution and annulment are to
dissolution and annulment having effect under or recognized in accordance with
this Law.
(5) References
in this Law to an overseas relationship are to be read in accordance with Schedule 1.
3 Formation
of civil partnership[3]
(1) For
the purposes of Article 2(1)(a), 2 people are to be regarded as
having formed a civil partnership with each other –
(a) once
they have signed a civil partnership schedule at the invitation of the civil
partnership celebrant and in the presence of the civil partnership celebrant
and 2 witnesses, and that schedule has been signed by the civil partnership
celebrant and 2 witnesses;
(b) once
they have signed a civil partnership conversion schedule, at the invitation of
and in the presence of, the Superintendent Registrar or the Deputy
Superintendent Registrar and that schedule has been signed by the
Superintendent Registrar or the Deputy Superintendent Registrar; or
(c) once
they have signed a civil partnership conversion schedule at the invitation of
the civil partnership celebrant and in the presence of the civil partnership
celebrant and 2 witnesses, and that schedule has been signed by the civil
partnership celebrant and 2 witnesses.
(2) In
a case falling within paragraph (1)(a), after the witnesses and the civil
partnership celebrant have signed the civil partnership schedule, the civil
partnership celebrant solemnizing the civil partnership must ensure that the
following are recorded in the civil partnership register as soon as is
reasonably practicable –
(a) the
fact that the 2 people have formed a civil partnership with each other; and
(b) any
other prescribed information.
(3) In
a case falling within paragraph (1)(b) or (c), after the civil partnership
celebrant has signed the civil partnership conversion schedule, the civil
partnership celebrant must ensure that the following are recorded in the civil
partnership conversion register as soon as is reasonably
practicable ‒
(a) the
fact that the 2 people have formed a civil partnership with each other;
and
(b) any
other prescribed information.
(4) The
civil partnership conversion certificate, the civil partnership conversion
schedule, the civil partnership certificate and civil partnership schedule must
be in the form the Superintendent Registrar decides and must contain such
particulars as may be prescribed.
4 Eligibility
(1) Two
people shall not be eligible to form a civil partnership with each other if –
(a)
(b) subject
to paragraph (1A), either of them is already in a lawful civil partnership
or lawfully married;
(c) subject
to paragraph (1B), either of them is under 18 years of age;
(d) either
of them is incapable of –
(i) understanding the
nature of civil partnership, or
(ii) validly
consenting to its formation; or
(e) they
are related in a prohibited degree.[4]
(1A) Paragraph (1)(b)
does not prevent 2 persons who are married to each other from becoming
civil partners of each other by conversion in accordance with this Law.[5]
(1B) Paragraph (1)(c)
does not render void a civil partnership between 2 persons, at least one
of whom is under 18 at the time when it is formed, if both parties were at
least 16 and the civil partnership –
(a) was
formed before the date on which Article 5 of the Civil Partnership
(Amendment) (Jersey) Law 2023 came into force; or
(b) is
formed after that date on the basis of a notice of intention to form a civil
partnership given before that date.[6]
(2) Schedule 2
contains provisions for determining when 2 people are related within a prohibited
degree.
5 [7]
6 [8]
6A Persons
authorized to solemnize civil partnerships in Jersey[9]
(1) A
civil partnership may only be solemnized by a civil partnership celebrant.
(2) Every
civil partnership celebrant has a duty to solemnize the civil partnership of 2
persons –
(a) whether
or not they are of the same sex or the opposite sex; or
(b) whether
or not the civil partnership is by conversion.
(3) Article
82C of the 2001 Law applies for the purposes of civil partnerships as it
applies for those of marriages.
6B Application
to give notice of intended civil partnership[10]
(1) Where
a civil partnership is intended to be formed on the authority of a civil
partnership schedule or certificate of no impediment to civil partnership
issued by the Superintendent Registrar, one or both of the persons intending to
form the civil partnership, or that person’s or those persons’ representative,
must –
(a) deliver
to the Superintendent Registrar an application for a notice of intended civil
partnership not earlier than 1 year before the intended day of the
formation of the civil partnership; and
(b) pay
the prescribed fee.
(2) The
application for a notice of intended civil partnership must –
(a) include
such information as may be prescribed;
(b) be in
such form as the Superintendent Registrar may by notice require; and
(c) be
accompanied by such documents that corroborate the information required under
sub-paragraph (a) as the Superintendent Registrar may by notice require,
including (but not limited to) evidence of –
(i) the identity,
residence and nationality of the parties,
(ii) the
parties’ immigration status in Jersey, and
(iii) any
previous civil partnership or marriage of either of the parties and evidence
that it has ended.
6C Consideration of application
for notice of intended civil partnership[11]
(1) The
Superintendent Registrar may consider the application for notice of intended
civil partnership delivered under Article 6B before the Superintendent
Registrar has inspected the original or certified copy of any document
delivered under Article 6B(2)(c).
(2) The
Superintendent Registrar may request such other information or documents as the
Superintendent Registrar considers to be necessary and interview either or both
parties to the intended civil partnership or any other person for the purpose
of considering the application and in particular for the purpose of any of the
following –
(a) verifying
the accuracy of any information provided or the authenticity of any document;
(b) satisfying
himself or herself that both parties are capable of consenting to the civil
partnership and are entering into the civil partnership freely; and
(c) satisfying
himself or herself whether any other ground exists for not issuing a notice of
intended civil partnership.
(3) The
Superintendent Registrar may –
(a) reject
any information or evidence provided under Article 6B and this Article if
he or she has reasonable grounds for suspecting that information or evidence is
false; and
(b) proceed
under this Law as if that rejected information or evidence had not been
provided.
7 Giving
notice of intended civil partnership and making freedom to form a civil
partnership declaration[12]
(1) The
parties to the intended civil partnership must have been resident at their
place of residence (whether in Jersey or elsewhere) for at least 7 days
before they give notice of their intended civil partnership to the
Superintendent Registrar.
(2) Subject
to paragraph (3), notice of intended civil partnership may not be given
until the Superintendent Registrar has inspected the original or certified
copies of all the documents provided in corroboration (as required under Article 6B(2)(c))
of the information required under Article 6B(2)(a) and is satisfied of
their authenticity.
(3) A
notice of intended civil partnership may be given despite the Superintendent
Registrar not seeing the original or certified copy of a document referred to
in paragraph (2) –
(a) where
the Superintendent Registrar is otherwise satisfied that the parties to the
intended civil partnership have corroborated the information provided under Article 6B(2)(a)
by some other means; or
(b) in a
case where Article 14B applies.
(4) If
the Superintendent Registrar is satisfied that the information and documents
referred to in Articles 6B and 6C reveal no reason why the intended civil
partnership between the parties should not take place, the parties may give
notice of their intended civil partnership in accordance with
paragraph (5) or (6).
(5) If
the parties to the intended civil partnership attend the office of the
Superintendent Registrar to give notice of their intended civil partnership
they must, in the presence of the Superintendent Registrar –
(a) both
sign the notice of intended civil partnership for their intended civil
partnership in the notices of intended civil partnership book; and
(b) each
sign a freedom to form a civil partnership declaration.
(6) If
the parties to the intended civil partnership do not intend to attend the
office of the Superintendent Registrar to give notice of their intended civil
partnership –
(a) the
Superintendent Registrar must send to the parties a notice of intended civil
partnership form for their intended civil partnership and a freedom to form a
civil partnership declaration in respect of each of the parties;
(b) the
parties must sign and return the notice of intended civil partnership form and
the freedom to form a civil partnership declaration to the Superintendent
Registrar; and
(c) the
Superintendent Registrar must, upon receipt of the documents required under
sub-paragraph (b), enter a notice of intended civil partnership in the notices
of intended civil partnership book.[13]
(7) A
notice of intended civil partnership form, and an entry in the notices of
intended civil partnership book, must be in such form as the Superintendent
Registrar decides and must include the prescribed particulars.
(8) A
freedom to form a civil partnership declaration must be in such form as the
Superintendent Registrar decides, and must include the prescribed particulars
and contain the following declaration –
“I [AB] solemnly declare that I know of no legal
impediment to my intended civil partnership with [BC]
on grounds of kindred or affinity or on any other ground and I have not, at any
time before attaining the age of 18, been a child of the family in relation to [BC].”.
(9) In
a case where paragraph (5) applies, the date upon which the parties sign
the notice of intended civil partnership in the notices of intended civil
partnership book is the date upon which the parties give notice of their
intended civil partnership.
(10) In
the case where paragraph (6) applies, the date on which the Superintendent
Registrar enters the details of the intended civil partnership in the notices
of intended civil partnership book is deemed to be the date on which the
parties to the civil partnership have given notice of their intended civil
partnership, whether or not that date is different from the date on which the
parties to the civil partnership signed the notice of intended civil
partnership form.
(11) In
the case where Article 14B applies and the Superintendent Registrar has
not seen the original or a certified copy of a document submitted to the
Superintendent Registrar under Article 6B or 6C at the time of entering
the details referred to in paragraph (11), the Superintendent Registrar
must endorse upon the notices of intended civil partnership book and the notice
of intended civil partnership that the notice of intended civil partnership is
a provisional notice.
7A Publication
of notice of intended civil partnership[14]
(1) The
Superintendent Registrar must publish the notice of intended civil partnership
any time after the notice has been given provided that it is not published more
than one year before the intended date of the civil partnership and, subject to
Article 14B, must be published for a period of at least 25 clear days
ending on the date of the civil partnership –
(a) at
the office of the Superintendent Registrar;
(b) on
the website of the States of Jersey; and
(c) in
any other place that the Superintendent Registrar considers appropriate.
(2) A
notice of intended civil partnership is void after the expiry of one year beginning
on the day on which it is first published.
8 Caveat
against issue of civil partnership schedule or certificate of no impediment to
civil partnership[15]
(1) A
person having reason to believe that there is lawful cause to obstruct the
issue of a civil partnership schedule or certificate of no impediment to civil
partnership may enter a caveat with the Superintendent Registrar against such
issue.
(2) A
caveat must be signed by or on behalf of the person by whom it is entered,
state the person’s place of residence and the grounds for entering the
caveat.
(3) Subject
to paragraph (6), where a caveat is entered, the Superintendent Registrar must
not issue a civil partnership schedule or certificate of no impediment to civil
partnership until –
(a) the
Superintendent Registrar has examined into the matter of the caveat and is
satisfied that it ought not obstruct the issue of a civil partnership schedule
or certificate of no impediment to civil partnership; or
(b) the
caveat is withdrawn by the person who entered it.
(4) If
the Superintendent Registrar is doubtful whether to issue a civil partnership
schedule or certificate of no impediment to civil partnership, the
Superintendent Registrar may refer the matter of the caveat to the Inferior
Number of the Royal Court.
(5) Where
the matter of a caveat is referred to the Inferior Number of the Royal Court,
the Royal Court may uphold the caveat or order that the civil partnership
schedule or certificate of no impediment to civil partnership be issued, and no
appeal shall lie from the decision of the Royal Court.
(6) Where
a caveat is entered against a civil partnership on the ground that the persons intending
to form the civil partnership are not both at least 18 years of age, the
Superintendent Registrar must not issue a civil partnership schedule or
certificate of no impediment to civil unless satisfied, by the production of
evidence, that the persons proposing to enter into a civil partnership with
each other are both at least 18 years of age, or will be at the time that
the civil partnership is solemnized.
(7) Where
a caveat is entered on the ground that one of the persons intending to form the
civil partnership has, at any time before attaining the age of 18 years,
been a child of the family in relation to the other then, even if the caveat is
withdrawn by the person who entered it, the Superintendent Registrar must not
issue a civil partnership schedule or certificate of no impediment to civil
partnership unless a declaration is obtained from the Inferior Number of the
Royal Court under paragraph (8).
(8) In
the case described in paragraph (7), one or both of the intending civil
partners may apply to the Inferior Number of the Royal Court for a declaration to
the effect that the younger of them has not, at any time before attaining the age
of 18 years, been a child of the family in relation to the other and,
accordingly, that there is no impediment (on the grounds referred to in paragraph (7))
to the solemnization of the civil partnership.
(9) The
Inferior Number of the Royal Court, in any proceedings before it under this
Article, may order the person who entered the caveat to pay all or part of the
costs of the proceedings and damages to the person against whose civil partnership
the caveat was entered.
9 Issue
of civil partnership schedule[16]
(1) Where
a civil partnership is intended to be solemnized in Jersey, one of the parties
to the intended civil partnership must, subject to Article 14B, at least
2 clear days and not more than 10 clear days before the day on which
the civil partnership is to be solemnized, request the Superintendent Registrar
to issue a civil partnership schedule.
(2) The
request must be accompanied by the prescribed fee.
(3) The
Superintendent Registrar must not issue a civil partnership schedule unless –
(a) both
parties to the intended civil partnership have attended the office of the
Superintendent Registrar (together or separately), and in the presence of the
Superintendent Registrar, have signed a signature verification form, and the
Superintendent Registrar is satisfied that the signatures on the freedom to
form a civil partnership declaration provided under Article 7 are the
signatures of the persons signing the signature verification form;
(b) each
person who is required under Article 11 to provide a certificate of
freedom to form a civil partnership has delivered the original of a valid certificate
to the Superintendent Registrar;
(c) if
the notice of intended civil partnership included the particulars of an
open-air location as well as an alternative location, both parties to the
intended civil partnership have confirmed which of those 2 approved locations
is to be the location at which the civil partnership is to be solemnized;
(d) the
Superintendent Registrar has endorsed a note upon the published notice of
intended civil partnership, the notices of intended civil partnership book and
on any electronic records so as accurately to record the approved location
confirmed under sub-paragraph (c); and
(e) the
prescribed fee has been paid.
(4) The
Superintendent Registrar must refuse to issue a civil partnership schedule if satisfied
that –
(a) any
party to the civil partnership is incapable of consenting to the civil
partnership or is not entering into the civil partnership freely; or
(b) any
other ground exists for not issuing a civil partnership schedule.
(5) Subject
to paragraphs (3) and (4), the Superintendent Registrar must issue the civil
partnership schedule to the civil partnership celebrant.
(6) The
civil partnership schedule and signature verification form must be in such form
as the Superintendent Registrar decides and contain any prescribed particulars.
(7) Upon
issuing the civil partnership schedule, the Superintendent Registrar must also issue
to the civil partnership celebrant –
(a) three
civil partnership certificates for completion at the solemnization of the civil
partnership;
(b) a
notice of time and location of the civil partnership; and
(c) the
signature verification form signed by both parties to the intended civil
partnership.
(8) The
civil partnership certificates must be in such form as the Superintendent
Registrar decides and must contain any prescribed particulars.
(9) A
notice under paragraph (7)(b) must contain the particulars and be in the form
which the Superintendent Registrar by notice requires.
(10) Subject
to Article 14B, if the civil partnership –
(a) is
not solemnized on the date specified in the civil partnership schedule;
(b) is
not solemnized at the location specified in the civil partnership schedule; or
(c) is
solemnized earlier than the time specified in the civil partnership schedule,
or more than 1 hour later than the time specified in the civil partnership
schedule,
the civil partnership
schedule is void and no person may solemnize the civil partnership on its
authority.
10 [17]
11 Civil
partnership in Jersey by non-Jersey resident: certificate of freedom to form a
civil partnership issued by other authority[18]
(1) Any
person whose ordinary place of residence is outside Jersey must, if the person intends
to form a civil partnership in Jersey, deliver to the Superintendent Registrar
a valid certificate of freedom to form a civil partnership issued in respect of
that person by the civil partnership authority in the jurisdiction of the
person’s ordinary place of residence.
(2) The
Superintendent Registrar may require a person who intends to form a civil
partnership in Jersey to deliver to the Superintendent Registrar a certificate
of freedom to form a civil partnership issued in respect of that person by the civil
partnership authority of the jurisdiction in which that person previously
resided or the jurisdiction of the person’s nationality where –
(a) the
person has been resident in the person’s ordinary place of residence for
a total period of less than 2 years; or
(b) the
Superintendent Registrar reasonably considers that additional checks are
necessary to be satisfied that no lawful impediment exists to prevent the
person from freely entering into the intended civil partnership.
(3) For
the purposes of this Law, a certificate of freedom to form a civil partnership
is a document (whether or not described as a certificate of freedom to form a
civil partnership) that provides official confirmation from a civil partnership
authority that, according to the law of that jurisdiction, the person is not
married or a civil partner and accordingly is free to enter into a civil partnership
or marriage.
(4) The
certificate of freedom to form a civil partnership must –
(a) include
the full names of the parties to the intended civil partnership and the approved
location where the civil partnership is intended to be solemnized;
(b) be issued
not more than 3 months before the intended date of civil partnership; and
(c) if it
contains a date of expiry, be a date that falls after the date of the intended civil
partnership.
(5) If
the approved location required to be included under paragraph (4)(a) is an
open-air location, the certificate of freedom to form a civil partnership may
include an alternative location.
(6) The
Superintendent Registrar may require the certificate of freedom to form a civil
partnership to be authenticated by way of an apostille applied to the document
or in such other manner as the Superintendent Registrar may reasonably specify.
(7) The
Superintendent Registrar may refuse to issue a civil partnership schedule in
respect of any person intending to form a civil partnership in Jersey who fails
to deliver to the Superintendent Registrar a valid certificate of freedom to
form a civil partnership required under paragraph (1) or (2) unless the
Superintendent Registrar is satisfied –
(a) that
the failure is beyond the control of the person in respect of whom the
requirement applies; or
(b) that
the civil partnership authority referred to in paragraph (1) or (2) does
not issue any such certificates.
(8) In
this Article “civil partnership authority”, in relation to a jurisdiction,
means the person or body responsible for the maintenance of public records of
the formation of marriages and civil partnerships.
12 Issue
of certificate of no impediment by Superintendent Registrar for civil
partnership outside Jersey[19]
(1) A
party to an intended civil partnership who is resident in Jersey and whose
civil partnership is intended to be solemnized outside Jersey may request the
Superintendent Registrar to issue a certificate of no impediment to civil
partnership in respect of that person.
(2) Subject
to Article 14B, the request must be made before the day on which the civil
partnership is to be solemnized and must be accompanied by the prescribed fee.
(3) The
Superintendent Registrar must not issue a certificate of no impediment to civil
partnership under paragraph (1) unless –
(a) the
notice of intended civil partnership has been published in accordance with
Article 7A;
(b) the
Superintendent Registrar is satisfied that that each party to the civil
partnership will be of full age when it is solemnized;
(c) the
person requiring the certificate of no impediment to civil partnership has
attended the office of the Superintendent Registrar and signed the certificate
of no impediment to civil partnership in the Superintendent Registrar’s
presence; and
(d) the
prescribed fee has been paid.
(4) The
Superintendent Registrar must sign the certificate of no impediment to civil
partnership and endorse upon it the date on which it is signed and must issue
the certificate of no impediment to civil partnership to the person who
requested it, or to the person’s representative unless –
(a) any
lawful impediment has been shown to the Superintendent Registrar’s satisfaction;
(b) the
Superintendent Registrar is satisfied that a party to the civil partnership is
incapable of consenting to it or is not entering into the civil partnership
freely; or
(c) the
Superintendent Registrar is satisfied that any other ground exists for not
issuing a certificate of no impediment to civil partnership.
(5) The
certificate of no impediment to civil partnership –
(a) must
state the date upon which notice of intended civil partnership was given;
(b) must
state the residence of the person to whom it relates; and
(c) may
be in the form the Superintendent Registrar decides and contain the prescribed
particulars, together with any other information that appears to the
Superintendent Registrar to be relevant in the circumstances.
(6) A
certificate of no impediment to civil partnership issued under this
Article –
(a) is
only valid for a civil partnership that takes place on the date and at the
location indicated on the certificate; and
(b) remains
valid for a period of 3 months from the date the notice of intended civil
partnership was given.
(7) A
certificate of no impediment to civil partnership is void if it is not issued
in accordance with this Article and no person may solemnize the civil
partnership on its authority.
13 Approved
locations[20]
(1) Subject
to Article 14B, a civil partnership may be solemnized only at an approved
location.
(2) The
Minister must by Order establish a scheme for the approval by an approving
authority of any location for the purpose of solemnizing civil partnerships at
that location.
(3) The
scheme must not permit approval to be given in respect of a location unless the
approving authority is of the opinion that the location is suitable for
upholding the dignity and solemnity of civil partnership.
(4) An
approval for a location under the scheme must be an approval for any civil
partnership to be solemnized at that location.
(5) An
Order made under paragraph (2) may include provision in respect of any of
the following matters –
(a) the
kinds of locations in respect of which approvals may be granted;
(b) the
type and nature of an approval and any matter that is or is not relevant to an
approval;
(c) the
procedures in relation to applications for approval and the determination of
applications;
(d) the
information required to be given in an application for approval and any supporting
documents to be supplied;
(e) the
persons to be consulted in relation to the application for, or revision or
revocation of, an approval;
(f) the
inspection of a location;
(g) the
matters to be taken into account, or not to be taken into account, when
determining whether to approve a location;
(h) the
duration, renewal, revision or revocation of approvals;
(i) the
conditions that must or may be imposed on the grant or renewal of approvals;
(j) the
determination and charging of fees in respect of applications for, or the grant
of, approvals and in respect of renewals, revisions or revocations of approvals,
including any fees that must or may be payable before an application may be
considered;
(k) the
circumstances in which approvals must or may be revoked;
(l) the
review or appeal of any decision to refuse the approval, or the renewal of
approval, or to impose conditions on the grant or renewal of approval or to
revoke approval;
(m) requirements
as to the notification of any person of any matter related to the grant,
renewal, revision or revocation of any approval, including any appeal;
(n) any
other purpose incidental to the approval of a location for the solemnization of
civil partnerships.
(6) Approval
must not be given for the solemnization of civil partnerships at a location
that is the usual place of public religious worship according to the rites of
the Church of England or any other location that is certified by the Minister
as the usual place of public religious worship of any religious organization.
(7) An
approving authority must not approve a location belonging to the
Connétable or the parish unless the Minister consents to that location
being an approved location.
(8) The
Minister may delegate the power to consent to a matter referred to in
paragraph (7).
(9) Any
premises that were approved under this Law for the solemnization of civil
partnerships immediately before the coming into force of the Civil Partnership
(Amendment) (Jersey) Law 2023 are deemed to be approved locations under this
Article for the purpose of solemnizing civil partnerships for a period of
12 months commencing on the day that Law comes into force.
(10) In
this Article “approving authority” means the Connétable of
the parish in which a location that is subject to an application for approval
under the scheme in Article 13 is situated or such other person to whom
the Connétable may delegate the responsibility for approving locations
for the purposes of this Law.
14 Solemnization
of civil partnership[21]
(1) This
Article is subject to Articles 14A and 14B.
(2) Where
a civil partnership schedule states that a civil partnership between the
persons named in it is intended to be solemnized in an approved location and by
the civil partnership celebrant named in that schedule, the civil partnership may
be solemnized only in that location and by that civil partnership celebrant in
accordance with this Article, but otherwise according to such form and ceremony
as those persons may see fit to adopt.
(3) A
civil partnership must be solemnized –
(a) between
the hours of 8 a.m. and 7 p.m.; and
(b) except
in the case of a civil partnership by conversion, in the presence of 2 or more
witnesses, in addition to the civil partnership celebrant.
(4) The
civil partnership celebrant must ensure that a notice of the solemnization of
the civil partnership is displayed at the approved location named in the civil
partnership schedule for at least one hour before the commencement of the
ceremony and until the conclusion of the ceremony.
(5) The
notice of the solemnization of the civil partnership displayed under paragraph (4)
must contain the forenames and surnames of both parties to the civil
partnership and the time, date and location of the solemnization of the civil
partnership.
(6) Members
of the public must be permitted to attend the solemnization of a civil
partnership freely and without charge.
(7) Except
in the case of a civil partnership by conversion, each of the parties to the civil
partnership must, in some part of the civil partnership ceremony and in the
presence of the witnesses and the civil partnership celebrant –
(a) make
the following declaration –
“I solemnly declare
that I know of no lawful reason why I, [AB], may
not be joined in civil partnership to [CD]”;
and
(b) say
to the other person –
“I call upon the
persons here present to witness that I, [AB], take
you, [CD], to
be my lawful civil partner”.
(8) Subject
to paragraph (9), a civil partnership celebrant must not permit any civil
partnership solemnized by the celebrant to include any religious ritual or
symbol or permit prayers or any religious worship or service to be conducted
during the civil partnership ceremony.
(9) A
civil partnership celebrant must permit any civil partnership solemnized by the
celebrant to contain any of the following –
(a) hymns,
songs or chants, whether or not they contain any references of a religious
nature;
(b) readings
from the Bible or other holy books or any other reading that contains any
references of a religious nature;
(c) vows
or statements of commitment by the persons to each other that make any
references of a religious nature, provided that any such vow or statement does
not replicate any made in any religious ceremony.
(10) A
civil partnership celebrant must permit candles, lights, incense, ribbons and
other decorations provided that the celebrant is satisfied that they are not
used in contravention of paragraph (8).
(11) After
the parties have made the declaration under paragraph (7) the parties to
the civil partnership and the witnesses must sign the civil partnership
schedule and the civil partnership certificates.
(12) The
civil partnership celebrant, if satisfied that the parties celebrating the civil
partnership are the same parties whose signatures are on the signature
verification form given to the celebrant by the Superintendent Registrar, must sign
and date the civil partnership schedule and the civil partnership certificates.
(13) The
parties to the civil partnership become civil partners upon the signing of the civil
partnership schedule by the civil partnership celebrant after the parties have
signed that schedule.
(14) Two
of the civil partnership certificates may be kept by the parties to the civil
partnership.
(15) The
Superintendent Registrar may charge prescribed fees for the solemnization of a
civil partnership by the Superintendent Registrar or the Deputy Superintendent
Registrar on approved premises and, in the case of a civil partnership on the
premises provided for the Superintendent Registrar, for the use of those
premises.
(16) Nothing
in this Article requires a civil partnership celebrant to solemnize a civil
partnership on a particular day or at a particular time.
14A Changes
to date, time or location of intended civil partnership[22]
(1) If
the parties to an intended civil partnership wish to change the date or time of
the civil partnership contained in the notice of intended civil partnership,
both parties must notify the Superintendent Registrar in writing of the new
date or time (subject to Article 14B) –
(a) in
the case of a change of time, not later than 25 clear days before the date
of the civil partnership ceremony;
(b) in
the case of a change of date which is earlier than the date contained in the
notice of intended civil partnership, not later than 25 clear days before the
new date of the intended civil partnership ceremony; or
(c) in
the case of a change of date which is later than the date contained in the
notice of intended civil partnership, not later than 25 clear days before the
date given in the notice of intended civil partnership.
(2) If
the parties to a civil partnership intended to take place in Jersey wish to
change the approved location, or alternative location, as the case may be, of
the intended civil partnership contained in the notice of intended civil
partnership, both parties must (subject to Article 14B) notify the
Superintendent Registrar in writing of the new approved location or the new
alternative location, as the case may be, not later than 25 clear days
before the date of the intended civil partnership.
(3) The
Superintendent Registrar must, as soon as reasonably practicable after
receiving notice under paragraph (1) or (2), and upon payment of the
prescribed fee, endorse a note of any change of date, time or approved location
or alternative location upon the published notice of intended civil partnership,
the notices of intended civil partnership book and on any electronic records so
as to accurately record the change of date, time, approved location or
alternative location.
(4) Where
for any reason a civil partnership in respect of which a notice of intended civil
partnership has been published is not to take place, the Superintendent
Registrar must endorse a note in the notices of intended civil partnership book
and on any electronic records to that effect.
14B Civil
partnership: special circumstances[23]
(1) This
Article applies where special circumstances exist such that persons intending
that their civil partnership should be solemnized on the authority of a civil
partnership schedule or a civil partnership conversion schedule wish
to –
(a) have their civil partnership solemnized in a
location that is not an approved location;
(b) have their civil partnership solemnized at a
time outside the hours of 8.00 a.m. to 7.00 p.m.;
(c) have their civil partnership solemnized
earlier than 25 clear days after the publication of the notice of intended
civil partnership under Article 7A; or
(d) change the date, time, approved location or
alternative location of the civil partnership specified in the notice of
intended civil partnership.
(2) For
the purposes of paragraph (1), special circumstances are any of the
following –
(a) one or both of the parties to the intended civil
partnership are expected to die within 3 months of applying for notice of intended
civil partnership under Article 7A;
(b) whether before or after the delivery of the
application for a notice of intended civil partnership, one or both of the
parties to the intended civil partnership are, or become, physically
incapacitated such that it would be impossible to solemnize the civil
partnership in an approved location;
(c) one or both of the parties to the intended civil
partnership are unable to solemnize the civil partnership by reason of illness
or unforeseen or unavoidable circumstances;
(d) one or both of the parties to the intended
civil partnership are detained in prison or under the Mental Health (Jersey)
Law 2016, such that it would be
impossible to solemnize the civil partnership at an approved location;
(e) an emergency has arisen such that it is
impractical or impossible –
(i) for the approved
location named in the civil partnership schedule or the civil partnership
conversion schedule to be used, or
(ii) for
the civil partnership celebrant named in the civil partnership schedule or the
civil partnership conversion schedule to solemnize the civil partnership.
(3) The
Minister must prescribe the requirements and procedures that apply for allowing
the solemnization of a civil partnership between two persons according to a
wish referred to in paragraph (1), which may, in particular,
include –
(a) the
application process for seeking to solemnize a civil partnership in special
circumstances;
(b) the
fees payable;
(c) the
medical evidence, information or documents that must be provided, or need not
be provided, in support of an application for permission to solemnize a civil
partnership in special circumstances;
(d) the
timescales that apply or may be disapplied for making applications, giving
notice, issuing declarations, schedules or certificates or searches in relation
to a civil partnership in special circumstances;
(e) the
requirements for providing original documents and attending the office of the
Superintendent Registrar;
(f) the
time and location for the solemnization of a civil partnership; and
(g) the
requirements for annotating any applications, notice, register or other
document in consequence of any civil partnership being solemnized in special
circumstances.
15 [24]
16 [25]
17 Keeping
of records relating to civil partnership[26]
(1) The
Superintendent Registrar must retain an electronic copy of every application,
information and document provided to the Superintendent Registrar under this
Law by any person, whether received in electronic or paper form.
(2) The
Superintendent Registrar must keep, in the form the Superintendent Registrar
decides, and containing the prescribed particulars –
(a) a
register of authorized civil celebrants;
(b) a
notices of intended civil partnership book;
(c) a
register of approved locations;
(d) an
index of the names of the parties to any civil partnership solemnized or
converted in Jersey under this Law;
(e) a
copy of the entries in the civil partnership registers and civil partnership
conversion registers held by each registrar.
(3) The
Superintendent Registrar must keep in date order one copy of the civil
partnership schedule or civil partnership conversion schedule –
(a) for
every civil partnership ceremony or civil partnership conversion ceremony which
the Superintendent Registrar solemnizes; or
(b) which
is delivered to the Superintendent Registrar by an authorized civil celebrant
under Article 17A(1).
(4) The
book, registers, indexes, notices and entries kept under paragraph (2) and
the copies kept under paragraph (3) must be open to public inspection free
of charge during the hours and at the locations published by the Superintendent
Registrar.
(5) The
relevant registrars must keep up to date and in such form and manner as the
Superintendent Registrar may by notice require –
(a) a
register of all civil partnerships that took place in the parish before the
coming into force of the Civil Partnership (Amendment) (Jersey) Law 2023; and
(b) the
civil partnership schedules and civil partnership conversion schedules in
respect of all the civil partnerships that take place in the parish.
(6) The
registers and other documents and information which are required to be kept
under this Article must be kept in permanent form, which may include their
being kept electronically.
(7) The
Minister may prescribe the matters that may or must be endorsed upon any book,
registers, indexes, notices or entries kept under this Law.
17A Retention
of civil partnership schedule etc.[27]
(1) As
soon as reasonably practicable after the solemnization of a civil partnership,
an authorized civil celebrant must return to the Superintendent Registrar each
of the signature verification forms and all of the following that apply in the
particular case –
(a) the
civil partnership schedule:
(b) the
civil partnership conversion schedule;
(c) the
civil partnership certificate;
(d) the
civil partnership conversion certificate.
(2) If
the relevant registration duties are not retained, the Superintendent Registrar
must, as soon as reasonably practicable upon receipt of the civil partnership
schedule or civil partnership conversion schedule –
(a) complete
the entries in the civil partnership register, for the parish in which the
civil partnership is solemnized, held by the Superintendent Registrar with the
details contained in the civil partnership schedule or civil partnership
conversion schedule; and
(b) retain
the original civil partnership schedules and civil partnership conversion
schedules for each parish in respect of which the Superintendent Registrar is
responsible for the relevant registration duties in date order in which the
civil partnership was solemnized.
(3) If
the relevant registration duties are retained, the Superintendent Registrar
must, as soon as reasonably practicable upon receipt of the civil partnership
schedule or civil partnership conversion schedule –
(a) complete
the entries in the copy civil partnership register, for the parish in which the
civil partnership is solemnized, held by the Superintendent Registrar with the
details contained in the civil partnership schedule or civil partnership
conversion schedule; and
(b) return
the original civil partnership schedule or civil partnership conversion
schedule to the registrar of the parish in which the civil partnership was
solemnized.
(4) Where
paragraph (3) applies, the registrar must keep –
(a) subject
to sub-paragraph (b), in the date order in which each civil partnership is
solemnized, a register of all civil partnerships that are solemnized in the
registrar’s parish;
(b) in
the order in which each marriage is converted to a civil partnership, a
register of all the conversions that are solemnized in the registrar’s
parish.
(5) The
Superintendent Registrar must pay the registrar the prescribed fee for each civil
partnership which the registrar registers under paragraph (4) and for the
provision of returns or registers.
18 Duty to record
and register civil partnerships
(1) A
civil partnership celebrant shall make a record and a return, in accordance
with the prescribed requirements, of every civil partnership that he or she
solemnizes.[28]
(1A) Paragraphs
(2) and (3) apply in respect of a parish where the relevant registration duties
are retained.[29]
(2) The
registrar of each parish shall keep a register in which he or she, in
accordance with the prescribed requirements, shall register every civil
partnership solemnized within the parish of which he or she is registrar.
(3) The
Superintendent Registrar shall supply each registrar with the required number
of registers of civil partnerships for the performance of the registrar’s
duties under this Article.
19 Power
to ask for particulars of civil partnership[30]
A person under a duty to
register or record the particulars of a civil partnership (other than the
Superintendent Registrar) may require the Superintendent Registrar to provide
him or her with those particulars.
20 Proof
of certain matters not necessary to validity of civil partnerships[31]
(1) Subject
to Article 22A, where a civil partnership has been solemnized under this Law,
it is not necessary, in any proceedings in the Family Division of the Royal
Court relating to the civil partnership, to give any proof –
(a) that,
before the civil partnership, either of the intended civil partners resided, or
resided for any period, at the location stated in the notice of intended civil
partnership to be his or her place of residence;
(b) subject
to Article 14B, that the location in which the civil partnership was
solemnized was an approved location at the time of the solemnization; or
(c) that
the civil partnership celebrant was authorized under this Law to solemnize the civil
partnership and solemnised the civil partnership in accordance with the
conditions of that authorization.
(2) A
civil partnership solemnized in accordance with Article 14B in a location
which, at the time of the solemnization, is not an approved location is valid
as if the location were an approved location.
(3) A
civil partnership which is solemnized otherwise than in accordance with Article 14(8)
is as valid as if it had been solemnized in accordance with Article 14(8).
21 Searches
(1) Every
registrar who keeps a register of civil partnerships under this Law shall, at
all reasonable hours, allow searches to be made in any register in his or her
keeping and, upon payment of the prescribed fee, shall give a copy certified
under his or her hand of any entry in such a register.
(2) [32]
(3) A
copy of an entry provided in accordance with this Article shall be received as
evidence of the civil partnership to which it relates without any further or
other proof of the entry.
21A Official
searches of records by Superintendent Registrar[33]
(1) Any
person may apply to the Superintendent Registrar for a search to be made of the
books, indexes, registers, notices or entries held at the office of the
Superintendent Registrar and at the Royal Court and for the applicant to be
supplied with a certificate containing details of such of the following matters
as are recorded in any of those books, indexes, registers, notices or entries –
(a) any
civil partnership or marriage to which the applicant was a party;
(b) any
decree for a divorce, nullity of marriage or presumption of death in respect of
a marriage to which the applicant was a party;
(c) any
decree for the dissolution of a civil partnership, nullity of a civil
partnership or presumption of death in respect of a civil partnership to which
the applicant was a party;
(d) any
change of name of the applicant;
(e) the
birth of the applicant;
(f) the
death of any former spouse or civil partner of the applicant.
(2) The
applicant must pay the prescribed fee for any search conducted under this
Article at the office of the Superintendent Registrar or the Royal Court.
(3) The
application for a search under paragraph (1) must be in such form as the
Superintendent Registrar may by notice require, and contain the prescribed
information.
(4) The
Superintendent Registrar must, as soon as reasonably practicable after
receiving the application and prescribed fee –
(a) search
the records of the Superintendent Registrar; and
(b) request
the Judicial Greffier of the Royal Court to search the records of the Royal
Court.
(5) After
the searches under paragraph (4) have been completed, the Superintendent
Registrar must issue to the applicant a search certificate setting out the
information in paragraph (6)(a) or (b), as the case may require.
(6) The
search certificate must –
(a) state
that there is no trace of any previous civil partnership or marriage by the
applicant in Jersey, if that is the case; or
(b) if
the search has confirmed the existence of a previous civil partnership or marriage
by the applicant in Jersey, provide –
(i) the date of and the
parties to that previous civil partnership or marriage and, if it has ended,
the date on which it ended and whether that was by nullity, dissolution or
death, and
(ii) details
of any record of the birth of the applicant or change of name or any gender
recognition certificate of the applicant.
(7) A
search certificate provided in accordance with this Article is to be received
as evidence of the matters stated in it without further proof.
(8) A
search certificate under this Article is not evidence of a person’s
residence in Jersey.
21B Co-operation and disclosure[34]
(1) The
Superintendent Registrar may disclose to any person any information or
documents obtained in exercise of the Superintendent Registrar’s
functions under this Law and request information and make such enquiries as the
Superintendent Registrar thinks fit for the purpose of –
(a) verifying
the accuracy of any application or information delivered to the Superintendent
Registrar or the authenticity of any document provided to the Superintendent
Registrar under this Law; or
(b) determining
whether any ground exists for the Superintendent Registrar to refuse to issue any
notice, schedule, certificate or declaration.
(2) The
Superintendent Registrar may, in particular, disclose information or documents
to, and request information from, the following persons and bodies in connection
with the exercise of the Superintendent Registrar’s functions under this
Law –
(a) the
Royal Court;
(b) the
Attorney General;
(c) any
Minister of the States of Jersey;
(d) any
Connétable or employee of a parish;
(e) a
police officer;
(f) an
immigration officer;
(g) an
officer of the Impôts.
(3) The
Superintendent Registrar may, at the request of any person who carries out
functions in another jurisdiction similar to the functions of the
Superintendent Registrar in respect of civil partnerships, disclose to that
person any information that the Superintendent Registrar reasonably believes
may assist that other person in the exercise of that person’s functions
in that other jurisdiction.
(4) The
Superintendent Registrar may disclose information to, and request information
from, any person who carries out similar functions in another jurisdiction to
the functions of a police officer, an immigration officer or an officer of the
Impôts investigating the immigration status of a person intending to form
a civil partnership in that other jurisdiction, if the Superintendent Registrar
reasonably believes that the information may assist that other person in the
exercise of that person’s functions in that other jurisdiction.
(5) In
this Article, “immigration officer” means an immigration officer
appointed under Schedule 2 to the Immigration Act 1971 of the United
Kingdom, as extended to the Bailiwick of Jersey by the Immigration (Jersey)
Order 1993.
22 Correction of
errors in books and registers
(1) A
person who finds an error, other than a clerical error, in an original entry in
a book or register kept under this Law shall bring it to the attention of the
Minister, through the intermediary of the Superintendent Registrar.
(2) Upon
being notified of an error, other than a clerical error, the Minister may grant
permission for the error to be corrected or, if the Minister thinks fit, refer
the matter to the Court, through the intermediary of the Attorney General.
(3) The
Minister shall prescribe procedures for the correction of clerical errors in
entries in books and registers kept under this Law, for the correction of
discrepancies between original entries and copies thereof and for the
correction of errors other than clerical errors, pursuant to permission granted
by the Minister or the Court.
22A Civil
partnerships which are void[35]
A civil partnership is void
if it is knowingly and intentionally formed by 2 people –
(a) without
having given due notice of intended civil partnership to the Superintendent Registrar;
(b) without
a civil partnership schedule or a civil partnership conversion schedule having
been duly issued;
(c) on
the authority of a civil partnership schedule or a civil partnership conversion
schedule that has been issued after one or both parties to the civil
partnership have provided information or documents to the Superintendent
Registrar that are false or inaccurate;
(d) on
the authority of a civil partnership schedule or a civil partnership conversion
schedule when one of the civil partners has provided false information about
that civil partner’s immigration status;
(e) on
the authority of a civil partnership schedule which is void under
Article 9(10);
(f) on
the authority of a civil partnership conversion schedule which is void under Article 26AD(17);
(g) on
the authority of a certificate of no impediment which is void under
Article 12(7);
(h) in
the case of a civil partnership purporting to be solemnized in an approved
location, at any location that is not approved at the time the civil
partnership is solemnized or, as the case may be, for the purposes of that civil
partnership, unless Article 14B applies;
(i) in
the absence of a civil partnership celebrant; or
(j) except
where Article 14B applies, at a time, place or date that is not specified
as the time, date or place of the civil partnership in the civil partnership
schedule or the civil partnership conversion schedule.
23 Offences relating
to the solemnization of a civil partnership[36]
(1) A
person commits an offence if the person, knowingly and voluntarily, makes a
false declaration or signs any false document or otherwise provides false
information for the purpose of –
(a) giving
notice of intended civil partnership (including by conversion);
(b) obtaining –
(i) any civil
partnership schedule,
(ii) any
civil partnership conversion schedule, or
(iii) any
certificate of no impediment to civil partnership (including by conversion); or
(c) having
a civil partnership solemnized (including by conversion).
(2) The
Superintendent Registrar commits an offence if the Superintendent Registrar,
knowingly and voluntarily –
(a) issues
a civil partnership schedule, civil
partnership conversion schedule or a certificate of no impediment to civil
partnership pursuant to a notice of intended civil partnership where the
resulting civil partnership would be void by virtue of Article 22A;
(b) issues
a civil partnership schedule where there
are fewer than 25 clear days between the date on which the notice of intended
civil partnership was given and the date of the civil partnership specified in
that notice, unless Article 14B applies;
(c) issues
a civil partnership conversion schedule where there are fewer than 2 clear days
between the date on which the notice of conversion was given and the date of
the civil partnership conversion specified in that notice, unless
Article 14B applies;
(d) issues
a certificate of no impediment to civil partnership where there are fewer than 25 clear days between
the date on which the certificate of no impediment to civil partnership was
issued and the date of the civil partnership specified on the notice of
intended civil partnership;
(e) issues
a schedule or certificate on which a lawful objection has been entered unless the Superintendent Registrar has determined (in a
case where the Superintendent Registrar is empowered to do so) that the
objection is without merit, or the Inferior Number of the Royal Court has
ordered that the schedule or certificate may nevertheless be issued;
(f) authorizes
an authorized civil celebrant to
solemnize a civil partnership in a location that is not an approved location
for civil partnerships, unless Article 14B applies; or
(g) authorizes
an authorized religious official to solemnize a
civil partnership.
(3) A
person commits an offence if the person, knowingly and voluntarily, to
solemnize a civil partnership which would be void under this Law.
(4) A
person commits an offence if the person, knowingly and voluntarily, solemnizes
a civil partnership –
(a) on
the authority of a civil partnership schedule or civil partnership conversion
schedule which is void; or
(b) before
the expiry of any period required by this Law to elapse after the issue of the
civil partnership schedule or civil partnership conversion schedule (as the
case requires) and before the solemnization of the civil partnership.
(5) A
person commits an offence if the person, knowingly and voluntarily, solemnizes
a civil partnership on the authority of a civil partnership
schedule –
(a) subject
to sub-paragraph (b), in a location other than an approved location
specified in the notice of intended civil partnership and civil partnership
schedule; or
(b) in a
case where Article 14B applies, otherwise than at the location approved
under that Article.
(6) A
person other than a civil partnership celebrant commits an offence if that
person solemnizes a civil partnership.
(7) A
person commits an offence if that person, knowingly and
voluntarily –
(a) subject
to sub-paragraph (b), officiates at the conversion of a marriage to a
civil partnership in a place other than that specified in the notice of
intended conversion or the civil partnership conversion schedule; or
(b) in a
case where Article 14B applies, officiates at the conversion of a marriage
to a civil partnership otherwise than at the location approved under that
Article.
(8) A
person commits an offence if the person, knowingly and voluntarily, makes a
false declaration or signs any false document or otherwise provides false or
inaccurate information –
(a) for
the purpose of an application for an authorization of a person as an authorized
civil celebrant;
(b) for
the purpose of an application for approval of a location as an approved
location.
(9) A
person guilty of an offence under this Article is liable to imprisonment for a
term of 5 years and to a fine.
23A Offences
relating to the registration of civil partnerships[37]
(1) A
person commits an offence if, without reasonable cause or excuse, the person
fails to comply with a requirement imposed under this Law or by any person
pursuant to this Law or an Order made under it –
(a) to
provide particulars of a civil partnership (including a civil partnership by
conversion); or
(b) to
complete or deliver any certificate.[38]
(2) A
person guilty of an offence under paragraph (1) is liable to a fine of
level 2 on the standard scale.
(3) A
person commits an offence if the person –
(a) refuses
or, without reasonable excuse, omits to record or register any civil
partnership which the person is required by this Law, or an Order made under
it, to record or register;
(b) registers
or causes to be registered a civil partnership otherwise than in accordance
with the requirements of this Law or an Order made under it;
(c) carelessly
loses or damages a book, register or document that the person is required by
this Law, or an Order made under it to keep or to carelessly allow any such
book, register or document to be damaged while in the person’s keeping;
or
(d) fails,
without reasonable excuse, to deliver any book, register, document or make any
return that the person is required to deliver or make by this Law, or an Order
made under it.
(4) A
person guilty of an offence under paragraph (3) is liable to a fine of
level 3 on the standard scale.
(5) A
person commits an offence if the person –
(a) knowingly
provides false particulars for the purpose of the registration of a civil
partnership under this Law;
(b) voluntarily
destroys, damages or alters, or causes to be destroyed, damaged or altered, any
book, register or document required to be kept by this Law or an Order made
under it;
(c) forges
or causes to be falsely made or forged any book, register or document required
to be kept by this Law or an Order made under it, or any certified copy of any
entry made or document kept under this Law or an Order made under it; or
(d) voluntarily
makes or causes to be made a false entry in a book or register required to be
kept by this Law or an Order made under it or certifies a copy of such an
entry, knowing it to be false.
(6) A
person guilty of an offence under paragraph (5) is liable to imprisonment
for a term of 5 years and to a fine.
24 Declarations[39]
Every declaration made for a purpose
in this Part, except any declaration made by the Court under Article 8(8),
shall contain such information as the Superintendent Registrar may require and
shall be made in the prescribed manner.
24A Amendment
of periods specified in this Part[40]
The Minister may by Order amend any period
specified in this Part and in Part 2AA, other than a maximum period of
imprisonment.
25 Orders concerning
registration[41]
The Minister shall by Order
prescribe procedures and requirements for the registration of civil
partnerships (including civil partnerships by conversion) and for the making of
returns of information in connection therewith and in particular, but not by
way of limitation, shall require –
(a) the
preparation and delivery of documents prior to, and for the purposes of, the
recording of the particulars of a civil partnership;
(b) the
keeping and delivery of books, registers and official documents for the
purposes of this Law;
(c) the
making of entries of civil partnerships (including civil partnerships by
conversion) in books and registers kept under this Law;
(d) the
provision of copies of such entries, on provision of such information and
payment of such fee as may be prescribed;
(e) the
making of returns of information to the Superintendent Registrar;
(f) the
keeping of indexes by the Superintendent Registrar of returns of information
made to him or her; and
(g) the
making of returns of information by the Superintendent Registrar.
26 Duty
of Minister
(1) The
Minister shall, each year, report to the States the number of civil
partnerships (including civil partnerships by conversion) registered, in the
preceding year, under this Law.[42]
(2) The
Minister shall inspect every register kept by a registrar pursuant to this Law
at the same time and in accordance with the same cycle as is described in Article 75(2)
of the Marriage and Civil Status (Jersey) Law 2001 for the purpose of assessing whether the registrar is discharging
his or her duties under this Law.[43]
(3) A
registrar shall, when so requested by the Minister, produce to the Minister the
registers kept by him or her, for the purposes of the Minister’s
inspection.
Part
2AA[44]
Civil
Partnership by Conversion
26AA Application for conversion
(1) Subject
to Article 14B (civil partnerships: special circumstances), where spouses
wish to convert their marriage to a civil partnership, one or both of the
spouses, or a representative of one of both of them, must –
(a) deliver
to the Superintendent Registrar an application for a conversion not earlier
than 1 year before the day of the intended conversion; and
(b) pay
the prescribed fee.
(2) The
parties to the intended conversion must have been resident at their place of
residence (whether in Jersey or elsewhere) for at least 7 days before they
make their application to the Superintendent Registrar.
(3) The
application for a conversion must –
(a) include
the prescribed information;
(b) be in
the form the Superintendent Registrar may by notice require; and
(c) be accompanied by such documents that corroborate the information required under
sub-paragraph (a) as the Superintendent Registrar may by notice require,
including (but not limited to) –
(i) evidence of the
identity, residence and nationality of the parties,
(ii) evidence
of the parties’ immigration status in Jersey, and
(iii) evidence
that when the marriage was formed, if it had instead been a civil partnership,
it would not have been a void civil partnership under any provision of this
Law.
26AB Consideration
of application for conversion
(1) The
Superintendent Registrar may consider the application for a conversion
delivered under Article 26AA before inspecting the original or certified
copy of any document referred to in Article 26AA(3)(c) but must not issue
a civil partnership conversion schedule unless the Superintendent Registrar has
inspected the original or certified copy of those documents.
(2) The
Superintendent Registrar may request any other information or documents as he
or she considers to be necessary and interview either or both of the parties to
the intended conversion or any other person for the purpose of considering the
application and, in particular, for the purpose of –
(a) verifying
the accuracy of any information provided or authenticity of any document;
(b) being
satisfied that both parties are capable of consenting to the conversion and are
entering into the civil partnership freely; and
(c) being
satisfied whether any other ground exists for not issuing a conversion
schedule.
(3) If
the Superintendent Registrar concludes that the information and documents
referred to in Article 26AA(3) and paragraph (2) reveal no reason why
the parties to the marriage may not enter into a civil partnership by conversion,
the Superintendent Registrar must notify the parties to the marriage of that
conclusion.
26AC Issue
of conversion schedule
(1) One
or both of the parties to the intended civil partnership must, subject to
Article 14B, at least 2 clear days and not more than 10 clear
days before the day on which the civil partnership by conversion is to be
solemnized, request the Superintendent Registrar to issue a conversion schedule
for signing by the parties to the marriage.
(2) The
request must be accompanied by the prescribed fee.
(3) The
Superintendent Registrar must not issue a conversion schedule
unless –
(a) both
parties to the intended conversion have, during the period specified in
paragraph (1) attended the office of the Superintendent Registrar
(together or separately), and have –
(i) brought with them
the original or certified copy of the documents required under Articles 26AA(3)(c)
and 26AB(2),
(ii) confirmed
the location of the solemnization of the civil partnership by conversion, and
(iii) signed
a signature verification form in the presence of the Superintendent Registrar;
(b) subject
to paragraph (5), the Superintendent Registrar has inspected the original
or certified copies of all the documents provided in corroboration of the
information required under Articles 26AA(3) and 26AB(2) and is
satisfied as to their authenticity; and
(c) the
prescribed fee has been paid.
(4) The
Superintendent Registrar must refuse to issue the conversion schedule if the
Superintendent Registrar is satisfied that –
(a) any
party to the marriage is incapable of consenting to the conversion or is not
entering into the civil partnership freely; or
(b) any
other ground exists for not issuing a conversion schedule.
(5) Subject
to paragraphs (3) and (4), the Superintendent Registrar must issue a
conversion schedule to the civil partnership celebrant.
(6) The
Superintendent Registrar may issue a conversion schedule for completion by the
parties to the marriage, despite not seeing the original or certified copy of a
document referred to in paragraph (3)(b) in a case where Article 14B
applies or where the Superintendent Registrar is otherwise satisfied that the
parties to the intended conversion have corroborated any information provided
under Articles 26AA(3) and 26AB(2) by some other means.
(7) Upon
issuing the conversion schedule the Superintendent
Registrar must also issue to the civil partnership celebrant –
(a) the
form for entering details of the civil partnership by conversion into the
conversion register held by the relevant registrar;
(b) 3 civil
partnership certificates for completion at the solemnization of the civil
partnership; and
(c) a
signature verification form signed by both parties to the intended civil
partnership.
(8) The conversion schedule signature verification form
and the civil partnership certificates are to be in the form the Superintendent
Registrar decides and contain the prescribed particulars.
26AD Civil partnership by
conversion: solemnization
(1) This
Article is subject to Article 14B.
(2) A
civil partnership by conversion may be solemnized between the hours of
8 a.m. and 7 p.m. by a civil partnership celebrant.
(3) The
civil partnership by conversion may be solemnized –
(a) upon payment
to the Superintendent Registrar or a Deputy Superintendent Registrar of the
prescribed fee; or
(b) upon
such payment as an authorized civil celebrant and the parties to the marriage
may agree is payable for the services of the authorized civil celebrant.
(4) If
the parties to the marriage do not wish to have any ceremony other than making
the declarations contained in paragraph (9), the civil partnership by
conversion must be solemnized by the Superintendent Registrar or a Deputy
Superintendent Registrar at any approved location for the solemnization of
civil partnerships.
(5) If
the parties to the marriage wish to have any ceremony in addition to making the
declarations contained in paragraph (9), the civil partnership by
conversion must be solemnized by a civil partnership celebrant at any
approved location for the solemnization of civil partnerships.
(6) A
civil partnership celebrant must not, subject to paragraph (7), permit the
ceremony during which any civil partnership by conversion is solemnized by the
celebrant under this Article to include any religious ritual or symbol or
permit prayers or any religious worship or service to be conducted during the
civil partnership ceremony.
(7) A
civil partnership celebrant must permit any ceremony during which a civil
partnership by conversion is solemnized by the celebrant to contain any of the
following –
(a) hymns,
songs or chants, whether or not they contain any references of a religious
nature;
(b) readings
from the Bible or other holy books or any other reading that contains any
references of a religious nature;
(c) vows
or statements of commitment by the persons to each other that make any
references of a religious nature, provided that any such vow or statement does
not replicate any made in any religious marriage ceremony.
(8) A
civil partnership celebrant must permit the use of candles, lights, incense,
ribbons and other decorations, provided that the celebrant is satisfied that
they are not used in contravention of paragraph (6).
(9) Each
of the parties to the marriage must in the presence of the civil partnership
celebrant make the following declaration to each other –
“I, [AB], solemnly declare that I am married to you, [CD], and I know of no lawful reason why we may not
convert our marriage into a civil partnership.
I understand that in making
this declaration I will be converting our marriage into a civil partnership and
that you, [CD]. will thereby become my civil
partner.”.
(10) After
the parties to the marriage have made the declaration in paragraph (9),
they must sign the conversion schedule and the civil partnership certificates
in the presence of each other and the civil partnership celebrant.
(11) The
civil partnership celebrant, if satisfied that the parties converting the
marriage are the same parties whose signatures are on the signature
verification form supplied by the Superintendent Registrar, must sign and date
the conversion schedule and the civil partnership certificates.
(12) The
parties to the conversion become civil partners of each other upon the signing
of the conversion schedule by the civil partnership celebrant.
(13) Two
civil partnership certificates may be kept by the civil partners to the
conversion.
(14) Nothing
in this Article is to be construed as requiring a civil partnership celebrant
to attend the solemnization of a civil partnership by conversion under this
Article on a particular day or at a particular time.
(15) A
marriage that is converted to a civil partnership under this Law –
(a) if it
was solemnized before 2nd April 2012 (the date on which this Law as originally
enacted came into operation), is to be treated as having become a civil
partnership on that date; or
(b) if
was solemnized on or after that date, is to be treated for all purposes as if
it had always been a civil partnership.
(16) Parties
to a marriage who convert their marriage to a civil partnership under this Law
are to be treated for all purposes as if they had become civil partners of each
other on the later of –
(a) the
date on which their marriage was solemnized; or
(b) 2nd
April 2012.
(17) Subject
to Article 14B, if the conversion of a marriage to a civil
partnership –
(a) is
not solemnized on the date specified in the civil partnership conversion schedule;
(b) is
not solemnized in the location specified in the civil partnership conversion
schedule; or
(c) is solemnized
earlier than the time specified in the civil partnership conversion schedule,
or more than 1 hour later than the time specified in the civil partnership
conversion schedule,
the civil partnership conversion
schedule is void and no person may solemnize the civil partnership on its
authority.
PART
2A[45]
part 3
Dissolution, annulment and
other proceedings
27 Jurisdiction
(1) The
Court shall have jurisdiction to entertain proceedings for dissolution of the
civil partnership or a legal separation order (“separation order”)
in respect of the civil partners if (and only if) –
(a) the
parties to the civil partnership are domiciled in Jersey on the date when the
proceedings are begun; or
(b) either of
the parties to the civil partnership was habitually resident in Jersey
throughout the period of one year ending with that date.
(2) The
Court shall have jurisdiction to entertain proceedings for annulment of the
civil partnership if (and only if) –
(a) the
parties to the civil partnership are domiciled in Jersey on the date when the
proceedings are begun; or
(b) either of
the parties to the civil partnership –
(i) was
habitually resident in Jersey throughout the period of one year ending with
that date, or
(ii) died
before that date and either was at death domiciled in Jersey, or had been
habitually resident in Jersey through the period of one year ending with the
date of death.
(3) The
Court shall have jurisdiction to entertain proceedings for death to be presumed
and a civil partnership to be dissolved if (and only if) the applicant –
(a) is
domiciled in Jersey on the date when the proceedings are begun; or
(b) was
habitually resident in Jersey throughout the period of one year ending with
that date.
(4) The
Court shall, at any time when proceedings are pending in respect of which it
has jurisdiction by virtue paragraph (1) or (2), of by virtue of this
paragraph, also have jurisdiction to entertain other proceedings, in respect of
the same civil partnership, for dissolution, separation or annulment of the civil
partnership, notwithstanding that jurisdiction would not be exercisable under paragraph (1)
or (2).
(5) The
Court shall also have the same power to grant injunctions and other relief in
any civil partnership causes, suits and matters as it has under Article 3(2)
of the Matrimonial Causes (Jersey) Law 1949 in relation to matrimonial causes, suits and matters.
(6) In
the authentication of decrees, orders and other instruments and copies thereof
the Judicial Greffier may describe himself or herself as Registrar.
(7) Any
order made or direction given by the Judicial Greffier in pursuance of Rules of
Court made under paragraph (6) shall be subject to appeal in the first
instance to the Court.
28 Grounds of application for dissolution of a civil partnership
An application for dissolution of a civil partnership may be presented
to the Court by either civil partner on the ground that –
(a) the
respondent has since entering into the civil partnership behaved in such a way
that the applicant cannot reasonably be expected to live with the respondent;
(b) the
respondent is incurably of unsound mind and has been continuously under care
and treatment for a period of at least 5 years immediately preceding the
application;
(c) the
parties to the civil partnership –
(i) have
lived apart for a continuous period of at least one year immediately preceding
the application (in this Law referred to as “one year’s
separation”) and the respondent consents to the dissolution of the
partnership, or
(ii) have
lived apart for a continuous period of at least 2 years immediately
preceding the application (in this Law referred to as “2 years’
separation”); or
(d) the
respondent has deserted the applicant without cause for a period of at least 2 years
immediately preceding the application.
29 Restrictions on applications for dissolution during first 3 years
after creation of civil partnership
(1) No
application shall be presented to the Court unless at the date of the
application 3 years have passed since the date of the formation of the
civil partnership.
(2) The
Court may, upon application being made to it in accordance with Rules of the
Court, allow an application to be made before 3 years have passed on the
ground that the case is one of exceptional hardship suffered by the applicant,
or of exceptional depravity on the part of the respondent, but, if it appears
to the Court at the hearing of the application that the applicant obtained
leave to present the application by any misrepresentation or concealment of the
nature of the case, the Court may –
(a) if it
makes a conditional order, direct that no application to make the order final
may be made until after the expiration of 3 years from the date of the formation
of the civil partnership; or
(b) dismiss
the application, without prejudice to any application that may be brought after
the expiration of the said 3 years upon the same, or substantially the
same, facts as those proved in support of the application so dismissed.
(3) In
determining any application under this Article for leave to apply before the
expiration of 3 years from the date of formation of the civil partnership,
the Court shall have regard to the interests of any children of the family and
to the question whether there is reasonable probability of a reconciliation
between the parties before the expiration of the said 3 years.
30 Duty of Court on application for dissolution of civil partnership
(1) On an
application for dissolution of a civil partnership, it shall be the duty of the
Court to inquire, so far as it reasonably can, into the facts alleged and
whether there has been any connivance or condonation on the part of the applicant and whether any collusion exists between the parties and also to inquire
into any counter-charge which is made against the applicant.
(2) Subject
to paragraphs (3), (4) and (5) and to Article 31 if the Court is
satisfied on the evidence that –
(a) the case
for the application has been proved; and
(b) except in
the case of an application presented on either of the grounds of one
year’s or 2 years’ separation, the application is not made in
collusion with the respondent,
the Court shall make a dissolution order.
(3) If
the Court is not satisfied that the case for the application has been proved,
it shall dismiss the application.
(4) If
the Court is not satisfied that the application is not made in collusion with
the respondent, it may in its discretion either make a dissolution order or
dismiss the application.
(5) Except
in the case of an application made on either of the grounds of one year’s
or 2 years’ separation, the Court shall not be bound to make a
dissolution order and may dismiss the application if, in the opinion of the
Court –
(a) the
applicant has delayed unreasonably in making or prosecuting the application; or
(b) where the
ground of the application is unsoundness of mind or desertion, the wilful
neglect or misconduct of the applicant has conduced to the unsoundness of mind
or desertion.
31 Refusal of dissolution of civil partnership in 2 years’
separation cases in certain circumstances
(1) The
respondent to an application for dissolution of a civil partnership in which
the applicant alleges 2 years’ separation may oppose the application
on the ground that the dissolution of the civil partnership would result in
grave financial or other hardship to the respondent and that it would in all
the circumstances be wrong to dissolve the partnership.
(2) Where
the application for dissolution is opposed by virtue of this Article, then –
(a) if the
Court finds that the applicant is entitled to rely in support of the
application on the applicant’s allegation of 2 years’
separation and makes no such finding as to any other ground specified in Article 28;
and
(b) if apart
from this Article the Court would make an order for the dissolution of the
civil partnership,
the Court shall consider all the circumstances, including the conduct of
the parties to the civil partnership and the interests of those parties and of
any children or other persons concerned and, if of opinion that the dissolution
of the civil partnership would result in grave financial or other hardship to
the respondent and that it would, in all the circumstances, be wrong to make
the order, it shall dismiss the application.
(3) For
the purposes of this Article, hardship shall include the loss of the chance of
acquiring any benefit which the respondent might acquire if the civil
partnership were not dissolved.
32 Special protection for respondent in separation cases
(1) Provision
shall be made by Rules of the Court for the purpose of ensuring that in one
year’s separation cases, where the applicant alleges that the respondent
consents to an order being made, that the respondent has been given such
information as will enable the respondent to understand the consequences to the
respondent of consenting to an order being made and the steps which the
respondent must take to indicate that the respondent consents to the making of
the order.
(2) Where
in any case the Court has made an order for the dissolution of the civil
partnership solely on the ground of one year’s separation coupled with
the respondent’s consent, the Court may, on an application made by the
respondent at any time before the order is made final, rescind the order if it
is satisfied that the applicant misled the respondent (whether intentionally or
unintentionally) about any matter which the respondent took into account in
deciding to consent.
(3) Paragraphs (4)
and (5) apply where –
(a) the
respondent to an application for the dissolution of a civil partnership on the
grounds of one year’s or 2 years’ separation coupled, in the
former case, with the respondent’s consent to an order being made, has
applied to the Court for consideration under paragraph (4) of the
respondent’s financial position after the dissolution; and
(b) the Court
has made an order for the dissolution of the civil partnership solely on the
ground of one year’s separation coupled with the respondent’s
consent, or solely on the ground of 2 years’ separation, as the case
may be.
(4) The
Court hearing an application by the respondent under paragraph (3) shall
consider all the circumstances, including the age, health, conduct, earning
capacity, financial resources and financial obligations of each of the parties,
and the financial position of the respondent as, having regard to the
dissolution order, it is likely to be after the death of the applicant should
the applicant die first; and, subject to paragraph (5), the Court shall
not make the order final unless it is satisfied –
(a) that the
applicant should not be required to make any financial provision for the
respondent; or
(b) that the
financial provision made by the applicant for the respondent is reasonable and
fair or the best that can be made in the circumstances.
(5) The
Court may if it thinks fit make the order final notwithstanding the
requirements of paragraph (4) if –
(a) it
appears that there are circumstances making it desirable that the order should
be made final without delay; and
(b) the Court
has obtained a satisfactory undertaking from the applicant that the applicant
will make such financial provision for the respondent as the Court may approve.
33 Separation
orders
(1) An
application for a separation order may be presented to the Court by either
civil partner on any ground on which an application for dissolution of the
civil partnership might have been made, and where such application is made the
duty of the Court on the presentation of an application for a dissolution and
the circumstances in which such an application must or may be granted or
dismissed shall apply in like manner to an application for separation.
(2) The
Court may, on the application of a civil partner against whom a separation order
has been made, reverse the order on the ground that it was obtained in the
absence of the applicant or, if desertion was the ground of the separation
order, that there was reasonable cause for the alleged desertion.
(3) The
reversal of a separation order shall not affect the rights or remedies which
any other person would have had if the order had not been reversed.
34 Application for dissolution of civil partnership after grant of
separation order
(1) A
person shall not be prevented from making an application for dissolution of a
civil partnership, or the Court from making an order for the dissolution of the
civil partnership, by reason only that the applicant has at any time been
granted a separation order or an order under the Separation and Maintenance Orders (Jersey) Law 1953, upon the same or substantially
the same facts as those alleged in the application for dissolution of the civil
partnership or proved in support thereof.
(2) On
any such application for dissolution of the civil partnership, the Court may
treat the separation order or the order under the Separation and Maintenance Orders (Jersey) Law 1953, as the case may be, as
sufficient proof of the ground on which it was granted, but the Court shall not
make a dissolution order final without receiving the evidence of the applicant.
(3) For
the purposes of the application for an order for the dissolution of the civil
partnership a period of desertion immediately preceding the institution of
proceedings for a separation order or an order under the Separation and Maintenance Orders (Jersey) Law 1953 having the effect of a
separation order shall, if the parties have not resumed cohabitation and the
order has been continuously in force since being granted, be deemed immediately
to precede the application for the dissolution order.
35 Relief to respondent on application for dissolution of civil partnership
or separation order
If, in any proceedings for the dissolution of a civil partnership or a
separation order, the respondent in his or her response opposes the application
on the ground of unreasonable behaviour or desertion and, in such response requests
relief on any such ground, the Court may give to the respondent the same relief
to which the respondent would have been entitled if the respondent had
presented an application for the dissolution of the civil partnership or a
separation order, as the case may be, seeking such relief.
36 Decree of annulment
(1) The
Court may decree the annulment of a civil partnership on any ground on which a
civil partnership is by law void or voidable under this Law, or on any of the
following grounds –
(a) that the civil partnership was formed as a result of fraud, threats or
duress by the respondent upon or to the applicant;
(b) that
either party to the civil partnership was at the time of the formation of the
civil partnership suffering from a mental disorder of a kind or to such an
extent as to be unfit for civil partnership;
(c) that
at the time of the formation of the civil partnership the respondent was
pregnant by some person other than the applicant;
(d)
(e)
(f) [46]
(2) [47]
(3) [48]
37 Bars to relief where civil partnership is voidable
(1) The
Court shall not make an annulment order on the ground that a civil partnership
is voidable if the respondent satisfies the Court –
(a) that the
applicant, with knowledge that it was open to the applicant to obtain an annulment
order, acted in relation to the respondent in such a way as to lead the
respondent reasonably to believe that the applicant would not seek to do so;
and
(b) that it
would be unjust to the respondent to make the order.
(2) [49]
(3) Without
prejudice to paragraph (1), the Court shall not make an annulment order by
virtue of Article 36(1)(b) or (c) unless it is satisfied that –
(a) the
applicant was at the time of the formation of the civil partnership ignorant of
the facts alleged;
(b) that the
proceedings were instituted within a year from the date of the formation of the
civil partnership; and
(c) sexual
intercourse with the consent of the applicant has not taken place since the
discovery by the applicant of the existence of the grounds for an order.
38 Proceedings for presumption of death and dissolution of civil
partnership order
(1) Any
civil partner who alleges that reasonable grounds exist for supposing that the
other party to the civil partnership is dead may make an application to the
Court to have it presumed that the other party is dead and to have the civil
partnership dissolved, and the Court, if satisfied that such reasonable grounds
exist, may make a presumption of death order.
(2) In
any such proceedings, the fact that for a period of 7 years or more the
other party to the civil partnership has been continuously absent from the
applicant and the applicant has no reason to believe that the other party has
been living within that time shall be evidence that the other civil partner is
dead, until the contrary is proved.
39 Conditional orders
(1) Every
order for the dissolution of a civil partnership or for annulment of the civil
partnership or of presumption of death shall, in the first instance, be a conditional
order and shall not be made final until after the expiration of such period,
not exceeding 6 months, from the pronouncing thereof, as may be prescribed
by Rules of Court, provided that the Court may, in any particular case, fix a
shorter period where it considers it proper to do so.
(2) After
the making of a conditional order and before the order is made final, any
person (including the Attorney General) may, in a manner prescribed by Rules of
Court, show cause why the order should not be made final by reason of the order
having been obtained by collusion or by reason of material facts not having
been brought before the Court, and in any such case the Court may –
(a) make the
order final;
(b) reverse
the conditional order;
(c) require
further inquiry; or
(d) otherwise
deal with the case as the Court thinks fit.
(3) Where
a conditional order has been made and no application for the order to be made
final has been made by the party who obtained the conditional order then, at
any time after the expiration of 3 months from the earliest date on which
that party could have made such an application, the party against whom the
conditional order has been made may apply to the Court and the Court shall, on
such application, have power to –
(a) make the
order final;
(b) reverse
the conditional order;
(c) require
further inquiry; or
(d) otherwise
deal with the case as the Court thinks fit.
40 Duties of Attorney General
(1) In
the case of any application for the dissolution of the civil partnership or for
an annulment or presumption of death order –
(a) the Court
may, if it thinks fit, direct all necessary papers in the matter to be sent to
the Attorney General who shall argue before the Court any question in relation
to the matter which the Court deems to be necessary or expedient to have fully
argued;
(b) any
person may at any time during the progress of the proceedings or before the
conditional order is made final give information to the Attorney General of any
matter material to the due decision of the case, and the Attorney General may
thereupon take such steps as the Attorney General considers necessary or
expedient;
(c) if, in
consequence of any such information or otherwise, the Attorney General suspects –
(i) that
the order may be obtained contrary to the justice of the case, or
(ii) that
material facts are not before the Court,
the Attorney General may,
after obtaining the leave of the Court, intervene and summon witnesses to prove
any allegations which the Attorney General may think fit to make.
(2) The
Attorney General shall be entitled to charge the costs of the proceedings as
part of the expenses of the Attorney General’s office.
41 Provisions as to costs where Attorney General intervenes or shows cause
(1) Where
the Attorney General intervenes or shows cause against a conditional order in
any proceedings for the dissolution of a civil partnership or for an annulment
or presumption of death order, the Court may make such order as to the payment
by other parties to the proceedings of the costs incurred by the Attorney
General in so doing, or as to the payment by the Attorney General of any costs
incurred by any of the said parties by reason of the Attorney General’s
so doing, as may seem just.
(2) So
far as the reasonable costs incurred by the Attorney General in so intervening
or showing cause are not fully satisfied by any order made under this Article
for the payment of the Attorney General’s costs, the Attorney General
shall be entitled to charge the difference as part of the expenses of the Attorney
General’s office, and any costs which under any order made by the Court
under this Article the Attorney General pays to any parties shall be deemed to
be part of the expenses of the Attorney General’s office.
42 Power to allow intervention on terms
In every case in which the Court considers, in the interest of any
person not already a party to the proceedings, that that person should be made
a party to the proceedings, the Court may, if it thinks fit, allow that person
to intervene upon such terms, if any, as the Court thinks just.
43 Abatement of proceedings
Without prejudice to the
operation of any rule of law governing the abatement of any other
proceedings under this Law, where a conditional order has been made in
proceedings for the dissolution of the civil partnership or for an annulment
order, the proceedings shall be abated if the applicant or the respondent dies
before the conditional order is made final.
44 Provision for children
(1) In
any proceedings for the dissolution of a civil partnership or for a separation
or annulment order, the Court may from time to time, either before or after the
final order, make such provision as appears just with respect to the
maintenance of any children of the family in relation to the parties to the
civil partnership which is the subject of the proceedings.
(2) Subject
to paragraph (3), on making an order for the dissolution of the civil
partnership, or an annulment or separation order or at any time thereafter,
whether before or after the order has been made final, the Court shall have
power to order either civil partner to secure for the benefit of any children
of the family such gross sum of money or annual sum of money as the Court may
deem reasonable, and the Court may for that purpose settle and approve a proper
deed or instrument to be executed by all necessary parties.
(3) The
term for which any sum of money is secured for the benefit of a child under paragraph (2)
shall not extend beyond the date when the child will attain the age of 21.
45 Restrictions on decrees for dissolution, annulment or separation
affecting children
(1) In
any proceedings for an order for the dissolution of the civil partnership, or for
an annulment or separation order, the Court shall consider –
(a) whether
there are any children of the family to whom this Article applies; and
(b) where
there are any such children, whether (in the light of the arrangements which
have been made, or are proposed to be made, for their upbringing and welfare)
it should exercise any of its powers under the Children (Jersey) Law 2002 with respect to any of them.
(2) Where
it appears to the Court, in any case in which there are any children to which
this Article applies, that –
(a) the circumstances
of the case require it, or are likely to require it, to exercise any of its
powers under the Children (Jersey) Law 2002 with respect to any such child;
(b) it is not
in a position to exercise that power or (as the case may be) those powers,
without giving further consideration to the case; and
(c) there are
exceptional circumstances which make it desirable in the interests of the child
that the Court should give a direction under this Article,
it may direct that the order
for the dissolution of the civil partnership or the annulment order should not
be made final, or that the separation order should not be granted, until the
Court orders otherwise.
(3) This
Article applies to –
(a) any children
of the family who have not yet reached the age of 16 at the date when the
Court considers the case in accordance with the requirements of this Article; or
(b) any children
of the family who have reached that age at that date and in relation to whom
the Court directs that this Article shall apply.
46 Rights of succession etc. on dissolution or annulment of civil
partnership
Where a final order has been made for the dissolution or annulment of a
civil partnership, neither of the parties to the civil partnership shall be
entitled, upon the death of the other, to any share or interest in the movable
estate of the deceased person, or to any rights of dower in the immovable
estate of the deceased or any other person.
47 Power of Court to vary settlements after dissolution or annulment of
civil partnership
(1) After
a final order for the dissolution or annulment of a civil partnership has been
made, the Court may, upon the application of either party to the civil
partnership which is the subject of such order, or upon the application of any
person beneficially interested, cancel, vary or modify, or terminate the trusts
of any settlement or terms of separation subsisting between the parties to the
civil partnership made –
(a) during
the subsistence of the civil partnership; or
(b) in
anticipation of its formation,
in any manner which, having
regard to the means of the parties, the conduct of either of them insofar as it
may be inequitable to disregard it or the interests of any child of the family, appears
to the Court to be just.
(2) The Court may exercise the powers conferred by this Article in
relation to –
(a) a
civil partnership formed outside Jersey, provided it is recognized under this
Law; or
(b) a
settlement or separation agreement made or entered into outside Jersey.
48 Power of Court to order transfer or settlement of property
(1) Where
a final order for the dissolution or annulment of a civil partnership, or a
separation order, has been made, the Court may, having regard to all the circumstances
of the case, including the conduct of the parties to the civil partnership,
insofar as it may be inequitable to disregard it, and to their actual and potential
financial circumstances, order –
(a) that one
party to civil partnership transfer to the other party to the civil partnership
or to any child of the family, or to such person as may be specified in the
order for the benefit of such child or children, any property whether movable
or immovable to which the first mentioned party is entitled;
(b) that a
settlement of any property whether movable or immovable to which one party to
the civil partnership is entitled be made to the satisfaction of the Court for
the benefit of the other party to the civil partnership or of any child of the
family.
(2) An order made under this Article, in so far as such order relates to
a separation order, shall be deemed to be part of the terms of separation
between the parties within the meaning of this Law.
49 Financial provision for party to a civil partnership in cases of
dissolution etc.
(1) Where
an order for the dissolution or annulment of a civil partnership, or a
separation order, has been made, the Court may, having regard to all the
circumstances of the case, including the conduct of the parties to the civil partnership
insofar as it may be inequitable to disregard it, and to their actual and
potential financial circumstances, order –
(a) that one
party to the civil partnership shall pay to the other party to the civil
partnership during their joint lives or for such other term as may be specified
in the order such annual or other periodic sum for the maintenance and support
of that other party as the Court may think reasonable;
(b) that one
party to the civil partnership shall pay to the other party to the civil
partnership such lump sum or sums as the Court may think reasonable whether or
not any sum is ordered to be paid under sub-paragraph (a);
(c) that
security be given for the payment of any sum or sums ordered to be paid under
sub-paragraphs (a) and (b).[50]
(2) Without
prejudice to the generality of paragraph (1)(b), an order under this
Article that one party to the civil partnership shall pay a lump sum to the
other party to the civil partnership –
(a) may be
made for the purpose of enabling that other party to meet any liabilities or
expenses reasonably incurred by him or her in maintaining himself or herself or
any child of the family before the making of an application for an order under
this Article;
(b) may
provide for the payment of that sum by instalments of such amount as may be
specified in the order.
(3) In
making any order under this Article, the Court shall have regard to the
benefits accruing to the party in whose favour such order is made under any
other order made in pursuance of this Law.
50 Power of Court to order sale of property
(1) Subject
to paragraph (7), where the Court makes an order under Article 47, 48
or 49 then, on making that order or at any time thereafter, the Court may make
a further order for the sale of such property as may be specified in the order,
being property in which or in the proceeds of sale of which either or both of
the parties to the civil partnership has or have a beneficial interest, either
in possession or reversion.
(2) Any
order made under paragraph (1) may contain such consequential or
supplementary provisions as the Court thinks fit and, without prejudice to the
generality of paragraph (1), may include –
(a) provision
requiring the making of a payment out of the proceeds of sale of the property
to which the order relates; and
(b) provision
requiring any such property to be offered for sale to a person, or class of
persons, specified in the order.
(3) Where
an order is made under paragraph (1) on or after an order for the
dissolution or annulment of the civil partnership, the order shall not take
effect until the making of a final order for the dissolution or annulment of
the civil partnership.
(4) Where
an order is made under paragraph (1), the Court may direct that the order,
or such provision of it as the Court may specify, shall not take effect until
the occurrence of an event specified by the Court or the expiration of a period
so specified.
(5) Where
an order under paragraph (1) contains a provision requiring the proceeds
of sale of the property to which the order relates to be used to secure
periodical payments to a person who is a party to the civil partnership, the
order shall cease to have effect on the formation of a subsequent civil
partnership or marriage by that person, or death of that person.
(6) Where
a party to a civil partnership has a beneficial interest in any property, or in
the proceeds of sale thereof, and some other person who is not a party to the
civil partnership also has a beneficial interest in that property or in the
proceeds of sale of it, then, before deciding whether to make an order under paragraph (1)
in relation to that property, it shall be the duty of the Court to give that
other person an opportunity to make representations with respect to the order.
(7) Paragraph (1)
shall not apply in the case of an order made under Article 49(1)(a) unless
in such case an order is also made under Article 49(1)(c).
(8) In
this Article a reference to property shall be construed as a reference to
property whether movable or immovable.
51 Contributions for support: interim orders
On any application for the dissolution or annulment of a civil
partnership, or for a separation order, the Court may, if it thinks fit, by
interim order direct one party to the civil partnership to pay to the other
party to the civil partnership such sums for the maintenance and support of
that other party as the Court thinks just, and any such interim order shall
remain in force until it is discharged by the Court or until the Court makes a
definitive order in respect of it or until the relief sought in the application
is refused.
52 Payment of contributions for support to persons having charge of
respondent of unsound mind
Where an order for the dissolution or annulment of a civil partnership,
or for a separation order is granted to a civil partner on the ground of the
unsoundness of mind of the other party, the Court may direct that any payments
of contributions for support which, under Article 49 or 51, it orders to
be made shall be made to such persons having charge of the other party as the
Court directs.
53 Power to vary orders
(1) The
Court may from time to time rescind, discharge or vary any order made under Article 44,
47, 48, 49, 50 or 51 or suspend any of the provisions of the order temporarily
or revive the operation of any of the provisions so suspended.
(2) In
exercising the powers conferred by this Article, the Court shall have regard to
all the circumstances of the case, including any increase or decrease in the
means of either of the parties to the civil partnership.
54 Ascertainment of assets and liabilities of parties
(1) For
the purposes of Article 44, 47, 48, 49, 51 or 53, the Court may require
the civil partners in the proceedings to file a sworn declaration detailing
their assets and liabilities and particulars of all charges against such
assets.
(2) The
Court may sit in camera for the verification of the
assets and liabilities of the parties and for the purpose of deciding upon the
nature and extent of the order or orders, if any, proper to be made in the
case.
55 Execution of instruments by order of the Court
Where any person neglects or refuses to comply with an order of the
Court directing the person to execute or make any conveyance, assignment, or
other document or instrument or indorsement, for giving effect to any order of
the Court under Article 44, 47, 48, 49, 50 or 53, the Court may, on such
terms and conditions, if any, as may be just, order that the conveyance,
assignment, or other document or instrument or indorsement, shall be executed,
made or done by such person as the Court nominates for the purpose, at the cost
of the person in default, or otherwise, as the Court directs, and a conveyance,
assignment, document, instrument or indorsement so executed, made or done shall
operate and be for all purposes available as if it had been executed, made or
done by the person originally directed to execute, make or do it.
56 Death of party after final order for the dissolution or annulment of
civil partnership
(1) In
the event of the death of either of the parties to proceedings for the
dissolution or annulment of a civil partnership after the final order has been
made but before any definitive order under Article 47, 48 or 49 has been
made, the Court may make any such order which it could lawfully have made if
such death had not occurred, and the said order shall take effect as if it had
been made immediately before the death.
(2) The
Court may make an order under this Article on the application of any person who
is, in the opinion of the Court, an interested person, if the Court is
satisfied that notice of the proceedings has been given to every person whose
interests may be affected by the order or to the attorneys of such persons.
57 Entering into a subsequent civil partnership after dissolution,
annulment or presumption of death
As soon as any order for the dissolution or annulment of a civil
partnership has been made final, or where a final presumption of death order is
made, either party to the civil partnership –
(a) if
there is no right of appeal against the final order, may form another civil
partnership or marry as if the prior civil partnership had been dissolved by
death; or
(b) if
there is such a right of appeal, may form a new civil partnership or
marry –
(i) if
no appeal is presented against the final order, as soon as the time for
appealing has expired, or
(ii) if an
appeal is lodged, as soon as the appeal has been dismissed.
58 Regulation of reports
(1) It
shall not be lawful to print or publish, or cause or procure to be printed or
published –
(a) in
relation to any judicial proceedings for dissolution or annulment of a civil
partnership or the separation of civil partners, on the ground of the
respondent’s incurable unsoundness of mind, any particulars whatsoever;
(b) in
relation to any judicial proceedings for dissolution or annulment of a civil
partnership or the separation of civil partners, on any other ground, any
particulars other than the following –
(i) the
names, addresses and occupations of the parties and witnesses,
(ii) a
concise statement of the charges, defences and counter-charges in support of
which evidence has been given,
(iii) submissions
on any point of law arising in the course of the proceedings and the decision
of the Court on it,
(iv) the
judgment of the Court and observations made by members of the Court in giving
judgment,
provided that nothing in this sub-paragraph shall be held to permit the
publication of any details or special matter likely to injure public morals.
(2) A
person who acts in contravention of the provisions of this Article shall be
guilty of an offence and liable to a fine.
(3) No
person, other than a proprietor, editor, master printer or publisher of a
newspaper or other vehicle of publication of the matter in respect of which the
prosecution is instituted shall be liable to be convicted under this Article.
(4) Nothing
in this Article shall apply to the printing of any pleadings, transcript of
evidence or other document for use in connection with any judicial proceedings
or the communication of them to persons concerned in the proceedings, or to the
printing or publishing of any copies or report in pursuance of directions of
the Court, or to the printing or publication of any matter in any separate
volume or part of any bona fide series of law reports which does not form part
of any other publication and consists solely of reports of proceedings in
Courts of law, or in any publication of a technical character bona fide
intended for circulation among members of the legal or medical professions.
Part 4
RECOGNITION of dissolution
OR annulment of civil partnership or separation of civil partners
59 Recognition
of dissolution, annulment and other proceedings granted in the British Islands
Subject to Article 66
the validity of an order for the dissolution or annulment of a civil partnership,
or for the separation of the civil partners shall, if it has been obtained from
a court in any part of the British Islands, be recognized in Jersey.
60 Overseas
dissolution, annulment and legal separations
Articles 61, 62 and 63
shall have effect, subject to Article 66, as respects the recognition in
Jersey of the validity of overseas orders for the dissolution or annulment of a
civil partnership, or for the legal separation of civil partners, that is to
say, dissolutions and legal separations which –
(a) have
been obtained by means of judicial or other proceedings in any country outside
the British Islands; and
(b) are
effective under the law of that country.
61 Grounds
for recognition
(1) The
validity of an overseas order for the dissolution or annulment of a civil
partnership or legal separation of civil partners shall be recognized if, at
the date of the institution of the proceedings in the country in which it was
obtained –
(a) either
civil partner was habitually resident in that country; or
(b) either
civil partner was a national of that country.
(2) In
relation to a country the law of which uses the concept of domicile as a ground
of jurisdiction in matters of dissolution or annulment of civil partnerships,
or legal separation of civil partners, paragraph (1)(a) shall have effect
as if the reference to habitual residence included a reference to domicile
within the meaning of that law.
(3) In
relation to a country comprising territories in which different systems of law
are in force in matters of dissolution or annulment of civil partnerships, or
legal separation of civil partners, the foregoing provisions of this Article,
except those relating to nationality, shall have effect as if each territory
were a separate country.
62 Cross-proceedings
and dissolutions or annulment following legal separations
(1) Where
there have been cross-proceedings, the validity of an overseas dissolution or
annulment of a civil partnership, or legal separation of civil partners,
obtained either in the original proceedings or in the cross-proceedings shall
be recognized if the requirements of Article 61(1)(a) or (b) are
satisfied in relation to the date of the institution either of the original
proceedings or of the cross-proceedings.
(2) Where
a legal separation of civil partners the validity of which is entitled to
recognition by virtue of Article 61 or of paragraph (1) is converted,
in the country in which it was obtained, into a dissolution or annulment of the
civil partnership, the validity of that dissolution or annulment shall be
recognized whether or not it would itself be entitled to recognition by virtue
of those provisions.
63 Proof
of facts relevant to recognition
(1) For
the purpose of deciding whether an overseas dissolution or annulment of a civil
partnership or an overseas legal separation of civil partners is entitled to
recognition by virtue of the foregoing provisions of this Law, any finding of
fact made, whether expressly or by implication, in the proceedings by means of
which the dissolution or annulment, or legal separation, was obtained and on
the basis of which jurisdiction was assumed in those proceedings shall –
(a) if
both partners took part in the proceedings, be conclusive evidence of the fact
found; and
(b) in
any other case, be sufficient proof of that fact unless the contrary is shown.
(2) In
this Article “finding of fact” includes a finding that either
partner was habitually resident or domiciled in, or a national of, the country
in which the dissolution, annulment or legal separation was obtained, and for
the purposes of paragraph (1)(a), a partner who has appeared in judicial
proceedings shall be treated as having taken part in them.
64 Certain
existing rules of recognition to continue in force
This Law is without prejudice
to the recognition of the validity of dissolutions or nullities of civil
partnerships, and legal separations of civil partners, obtained outside the
British Islands –
(a) by
virtue of any rule of law relating to dissolutions or nullities, or legal
separations, of civil partners obtained in the country of the civil
partners’ domicile or obtained elsewhere and recognized as valid in that
country; or
(b) by
virtue of any enactment other than this Law,
but, save as aforesaid, no
such dissolution or annulment, or legal separation, shall be recognized as
valid in Jersey except as provided in this Law.
65 Non-recognition
of dissolution or annulment by third country no bar to subsequent civil
partnership or marriage of either party
Where the validity of a
dissolution or annulment of a civil partnership obtained in any country is
entitled to recognition by virtue of the foregoing provisions of this Law or by
virtue of any rule or enactment preserved by Article 64, neither civil
partner shall be precluded from entering into a subsequent civil partnership or
marriage in Jersey on the ground that the validity of the dissolution or
annulment of the civil partnership would not be recognized in any other
country.
66 Exceptions
from recognition
(1) The
validity of –
(a) an
order for the dissolution of a civil partnership, or a separation order in
respect of civil partners, granted under the law of any part of the British
Islands; or
(b) the
dissolution of a civil partnership, or legal separation of civil partners, obtained
outside the British Islands,
shall not be recognized in
Jersey if it was granted or obtained at a time when, according to the law of
Jersey including its rules of private international law and the provisions of
this Law, there was no subsisting civil partnership between the parties.
(2) Subject
to paragraph (1), recognition by virtue of this Law or of any rule
preserved by Article 64 of the validity of a dissolution of a civil
partnership, or legal separation of civil partners, obtained outside the
British Islands may be refused if, and only if –
(a) it
was obtained by one civil partner –
(i) without such
steps having been taken for giving notice of the proceedings to the other civil
partner as, having regard to the nature of the proceedings and all the
circumstances, should reasonably have been taken, or
(ii) without
the other civil partner having been given, for any reason other than lack of
notice, such opportunity to take part in the proceedings as the civil partner
should reasonably have been given; or
(b) its
recognition would manifestly be contrary to public policy.
(3) Nothing
in this Law shall be construed as requiring the recognition of any findings of
fault made in any proceedings for the dissolution of a civil partnership, or the
legal separation of civil partners, or of any maintenance, custody or other
ancillary order made in any such proceedings.
67 Recognition
of dissolution, annulment or legal separation obtained before commencement of
this Law
The provisions of this Law
relating to overseas dissolutions or nullities of civil partnerships and legal
separations of civil partners and other dissolutions, nullities and legal
separations obtained outside the British Islands apply to a dissolution or annulment
of a civil partnership or legal separation of civil partners obtained before
the date of the commencement of this Article as well as to one obtained on or
after that date, and, in the case of a dissolution or legal separation obtained
before that date –
(a) require,
or, as the case may be, preclude the recognition of its validity in relation to
any time before that date as well as in relation to any subsequent time; but
(b) do
not affect any property rights to which any person became entitled before that
date or which apply where the question of the validity of the dissolution,
annulment or legal separation has been decided by any competent court in the
British Islands before that date.
part 5
Supplementary
68 Service of application
In any proceedings under this
Law, any application, notice or other document may be served on the party to be
affected thereby, either within or without Jersey, in such manner as may be
prescribed by Rules of Court.
69 Rules of Court
The power to make Rules of Court
under Article 13 of the Royal Court (Jersey)
Law 1948 shall include a
power –
(a) to make Rules
for the purposes of this Law and proceedings made under this Law; and
(b) to make
provision authorizing the Judicial Greffier to exercise such powers or to
discharge such functions of the Court under this Law or under the proviso to Article 3
of the Separation and Maintenance
Orders (Jersey) Law 1953 as may be prescribed in relation to such proceedings as may be
prescribed.
70 Amendment
of other enactments
The enactments specified in Schedule 4
are amended in the manner specified in the Schedule.
71 Power
to make further provision in connection with civil partnerships
(1) The
States may by Regulations amend this Law so as to permit the solemnization of
civil partnerships –
(a) in
any building used as a place of worship by an established and recognized religion
or church;
(b) by
persons authorized to solemnize civil partnerships in any such building.
(2) Regulations
made under paragraph (1) may include provisions concerning –
(a) the
registration of a building, or a part of a building, permitted to be used for
the solemnization of a civil partnership pursuant to this Law, as amended by
paragraph (1);
(b) the
payment of such fees to the Superintendent Registrar in respect of any
application, notice or certificate issued for the registration of such a building,
or the attendance of any person at that building, as may be prescribed by
Order;
(c) the
authorization of a person or persons to solemnize or register civil
partnerships in such a building;
(d) the
duties required to be performed by an authorized person in connection with the
solemnization of civil partnerships; and
(e) any
other provision the States consider appropriate for the purposes of paragraph (1).
(3) The
States may by Regulations make such amendments to any enactment, including any
provision of Schedule 4 that is not in force, as appear to the States to
be expedient –
(a) for
the general purposes, or any particular purpose, of this Law;
(b) in
consequence of any provision made by or under this Law; or
(c) for
giving full effect to this Law or any provision of it.
72 Regulations
and Orders
(1) The
Minister (or, in relation to Article 36, the Chief Minister) may by Order
prescribe anything that may or shall be prescribed under this Law, other than
anything that may be prescribed by Rules of Court.
(2) The
power to make Regulations or Orders includes power to make any supplementary,
incidental, consequential, transitional, transitory or saving provision which appear
to the States, the Minister or the Chief Minister, as the case may be, to be
necessary or expedient for the purposes of the Regulations or Order.
72A Fees[51]
(1) The
Superintendent Registrar may charge such fees as may be prescribed for such
services, incidental to the performance of his or her functions under this Law,
as may be prescribed.
(2) The
Superintendent Registrar may refuse to issue a form, notice, certificate or
schedule under this Law if the fee prescribed for that form, notice,
certificate or schedule has not been paid.
(3) A
fee paid under this Law is not refundable except in prescribed circumstances.
73 Citation
This Law may be cited as the Civil
Partnership (Jersey) Law 2012.